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Applicable to Manufacturing Industries
1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. The Factories Act The Contract Labour (R&A) Act The Payment of Wages Act The Minimum Wages Act The Payment of Bonus Act The Employment Exchanges Act The Provident Fund Act The Profession Tax Act The Workmens Compensation Act The Maternity Benefit Act The Industrial Employment (Standing Orders) Act The Bombay Labour Welfare Fund Act The Payment of Gratuity Act The Bombay Shops and Establishment Act The Industrial Disputes Act The Water (Prevention & Control of Pollution) Act The Maharashtra Recognition of Trade Union (MRTU) and Prevention of Unfair Labour Practices (PULP) Act The Employees¶ State Insurance Act
Applicability of Acts
The Factories Act
Applicability : Any premises including precincts thereof where ten or more workers are working or were working on any day of preceding twelve months and in any part of which a manufacturing process is being carried on with the aid of power, where twenty or more workers are working or were working on any day of preceding twelve months and in any part of which a manufacturing process is being carried on without the aid of power. Scope : An Act to consolidate and amend the law regulating labour in factories Comments : This Act covers basic rules and regulations for starting of a new factory and maintaining it consistently under the conditions prescribed in the Act for safety and health and welfare of the employees.
Applicability of Acts
The Payment of Wages Act
Applicability : Every Factory Scope : An Act to regulate the payment of wages to certain classes of employed persons. Comments : This Act covers various rules regarding payment of wages like date of payment, place of payment, mode of payment, verification by principle employer and records thereof. It also describes eligible deduction from wages and related procedures.
Applicability of Acts The Minimum Wages Act Applicability : Every Factory Scope : An Act to provide for fixing minimum rates of wages in certain employments. It also covers the index for Dearness Allowance and HRA rules. . Comments : This Act covers rules & regulations regarding minimum wages applicable to nature of industry which is decided based on process carried out.
. Scope : An Act to regulate the employment of contract labour in certain establishments and to provide for its abolition in certain circumstances and for matters connected therewith. Comments : The principle employer and the contractor should obtain a permission by applying for registration to The Competent Authority.Applicability of Acts The Contract Labour (Regulation & Abolition) Act Applicability : Every establishment in which twenty or more workmen are employed or were employed on any day of the preceding twelve months as contract labour through contractor for the work to be carried out which is not directly connected to manufacturing activities. to every contractor who employs or who employed on any day of the preceding twelve months twenty or more workmen.
Registers to be maintained and Returns to be submitted on applicability of this Act. Comments : Every factory or establishment completed 5 years or the year in which it earns profits whichever is earlier.Applicability of Acts The Payment of Bonus Act Applicability : Every factory & every other establishment in which twenty or more persons are employed on any day during an accounting year. this Act is applicable then onwards. Scope : An Act to provide for the payment of bonus to persons employed in certain establishments on the basis of profits or on the basis of production or productivity and for matters connected therewith. .
. Comments : Needs to comply by notifying vacancies every quarter and to submit the returns quarterly as well as biannually. Scope : An Act to provide for compulsory notification of vacancies to Employment Exchanges.Applicability of Acts The Employment Exchanges (Compulsory Notification of Vacancies) Act Applicability : Every establishment employing twenty five or more persons.
Scope : An Act to provide for the institution of Provident Funds for employees in factories and other establishments Comments : Registration under the Act is mandatory for all. yearly returns are required to be submitted in the prescribed format.Applicability of Acts The Provident Fund Act Applicability : Every establishment which is a factory specified in Schedule I and where twenty or more persons are employed. Monthly. . Principle employer is responsible for deductions and remittance of PF contributions under this Act even for contract employees also.
Principle employer is responsible for deductions and remittance of Profession Tax under this Act even for contract employees also. yearly returns are required to be submitted in the prescribed format. Monthly. .Applicability of Acts The Profession Tax Act Applicability : Every Factory / Establishment Comments : Registration under the Act is mandatory for all.
Comments : The Act speaks about the compensation payable in case of disablement due to occupational hazards. .Applicability of Acts The Workmens Compensation Act Applicability : Every Factory Scope : An Act to provide for the payment by certain classes of employers to their workmen of compensation for injury by accident. ESI can be substituted by having insurance policy under the Act to take care of compensation payable. if any.
Comments : This act describes maternity benefits to the working women in certain establishments.Applicability of Acts The Maternity Benefit Act Applicability : Every shop & establishment in which ten or more persons are employed on any day of the preceding twelve months or where Employees State Insurance Act is applicable for the time being. Scope : An Act to regulate employment of women in certain establishments for certain period before and after child-birth and to provide for maternity benefits and certain other benefits. .
Comments : This Act regulates basic terms and conditions of employment. Scope : An Act to provide for defining with sufficient precision certain conditions of employment in industrial establishments. . The employer can get its rules and regulations certified from the competent authority or The Model Standing Orders described in the Act gets applied to the establishment.Applicability of Acts The Industrial Employment (Standing Orders) Act Applicability : Every industrial establishment wherein fifty or more workmen are employed on any day of preceding twelve months.
The amount collected is used for the welfare of labours by various means. branches / Depts.Applicability of Acts The Bombay Labour Welfare Fund Act Applicability : Applies to every factory within the meaning of Factories Act. . 1948. situated in the same premises or different places thereof. every establishment within the meaning of Shop & Establishment Act. 1948. Scope : An Act to provide Constitution of a fund for the financing of activities to promote welfare of labour in the state of Maharashtra Comments : The employer has to deduct the amount specified every six month from the eligible employees salary / wages and remit the same to the Welfare Fund.
or were employed on any day of the preceding twelve months. While calculating the refund to the employee the basic pay is to be divided by 26 days and the employee gets 15 days of basic pay for every completed year. every shop & establishment in which ten or more persons are employed. oilfields. railway companies. ports. Comments : Every employee who has completed his 4 years and 240 days¶ uninterrupted continuous service is eligible to get benefits under this Act. shops and other establishments and for matters connected therewith or incidental thereto. plantations. mines. Scope : An Act to provide for a scheme for the payment of gratuity to employees engaged in factories. .Applicability of Acts The Payment of Gratuity Act Applicability : Every factory.
residential hotels. The employer has to obtain a license from the authority under the Act and renew it regularly before the expiry. eating houses. . public amusement or entertainment and other establishments. commercial establishments.Applicability of Acts The Bombay Shops and Establishment Act Applicability : Every Shop and Establishment which is not a Factory under The Factories Act. Comments : This Act covers every shop and establishments which is not a factory and regulates the conditions of employment. Scope : An Act to consolidate and amend the law relating to the regulation of conditions of work and employment in shops. restaurants. theatres and other places.
It also describes the procedure of making complaints to the competent authority and the settlement thereof. . legality and rules regarding Strike. Lay-off and Retrenchment.Applicability of Acts The Industrial Disputes Act Applicability : Every factory Scope : An Act to make provisions for the investigation and settlement of industrial disputes and for certain other purpose Comments : The act describes the meaning. Lock-out.
for the establishment. Comments : This act covers all rules and regulations related to prevention of Water and Air pollution and control thereto. of Boards for the prevention and Control of Water Pollution.Applicability of Acts The Water (Prevention & Control of Pollution) Act Applicability : Every factory Scope : An Act to provide for prevention and control of water pollution and the maintaining or restoring of wholesomeness of water. with a view to carrying out of the purposes aforesaid. . for conferring on and assigning to such Boards powers and functions relating thereto and for matters connected therewith. Every employer has to obtain a license to establish / operate from the MPCM Board.
Applicability of Acts The Employees¶ State Insurance Act Applicability : Every factory & establishment (for employees drawing wages less than Rs. maternity and employment injury and to make provision for certain other matters in relation thereto. Comments : This act covers all rules and regulations related to employee safety & health issues. 7. .500/-) Scope : An Act to provide for certain benefits to employees in case of sickness.
re-varnishing Register of workers attending to machinery Report of examination of lifting machinery / ropes / tackles by competent person Examination of pressure plant by competent person Externally Internally Hydraulic Test Register of Compensatory Holidays Form No. painting. I 1-A 2 3 5 8 10 12 13 Every Six Months Once in Twelve months Once in four years 14 To be maintained always When to comply Before situationg a factory or construction or extension of it Once every 5 years After commencement of Factory Starting and renewal on or before 31st Oct.The Factories Act Returns / Registers Approval of Plans Certificate of Stability Application for Registration Grant and renewal of License Notice of Change of Manager Record of white washing. & repainting. varnishing.. etc. every year As and when Factory Manager changes To be maintained always To be maintained always Certificate to be obtained annually .
16 17 20 21 24 24A 26 27 29 30 31 When to comply To display and maintain To be maintained always To be maintained always To be maintained always To be submitted to Factory Inspection office as and when accident takes place Within 12 hours of taking place of such accident To be displayed always To be submitted to Factory Inspection office on or before 1st Feb. ) Returns / Registers Notice of period of work for adults Register of adult workers Leave with wages register Leave Book Report of accident by the Manager Notice of Dangerous Occurrence Abstract under the Act Annual Return Muster Roll Register of accidents & dangerous occurrences Inspection Book Notification of Paid Holidays Form No.The Factories Act ( contd. every year To be maintained if Form 17 & 19 are not maintained To be maintained always To be maintained always To display and to submit to Factory Inspection Office every year in January ..
The Contract Labour (Regulation & Abolition) Act Returns / Registers Application for registration of establishments Certificate of Registration Application for license Certificate from Principle Employer Renewal of License Register of contractor Register of persons employed Muster Roll Register of Wages Annual Return Form No. I II IV V VI VII IX XII XIII XXI When to comply Every year before 31st December To preserve To be made by contractor Required for submission of application for license To be made by contractor every year before 31st October To be maintained by Principle Employer To be maintained by the contractor To be maintained by the contractor To be maintained by the contractor By 15th February every year .
When to comply To display always To maintain always To maintain always To display always To maintain always To submit before 15th February every year To display always To maintain always All registers and records to be preserved for a period of THREE years. .The Payment of Wages Act Returns / Registers Abstract under the Act Register of Wages Register of deductions for damage or loss Notice of dates of payment Register of advances Annual Return Display of rates of Wages Inspection Book IV V II III Form No.
1963 & a register in Form II appended to the Maharashtra Payment of wages Rules. 1963 are maintained. II When to comply To maintain always Inspection Book Abstract Annual Return Attendance cum Wage slip or Wage Card I 3 To maintain always To display always To submit every year before 15th February To maintain always All registers and records to be preserved for a period of THREE years.The Minimum Wages Act Returns / Registers Muster Roll cum Wage register (Unless registers in Form 17 & 19 appended to Maharashtra Factories Rules.) Form No. .
The Payment of Bonus Act Returns / Registers Allocable Surplus register Form No. A B C D When to comply To maintain To maintain To maintain To submit every year before 30 days from the date of payment of bonus To maintain To maintain Set on and Set Off Register Payment of Bonus register Annual Return Inspection Book Unclaimed Bonus register .
Once in a two years on a date to be specified in the official Gazette Quarterly Return Biannual Return (Occupational Return) .The Employment Exchanges (Compulsory Notification of Vacancies)Act Returns / Registers Notification of Vacancies Local Employment Exchange Central Employment Exchange Form No. When to comply 15 days before interview / test 60 days before interview / test ER-I ER-II Within 30 days from the completion of quarter.
10. 21.The Provident Fund Act Returns / Registers Declaration and Nomination Form No.s 1. 2 3-A 5 5-A 6-A 8 10 12-A 13 19 When to comply On becoming the member of EPF scheme Yearly submission before 30th April To submit before 15th of every month Once Yearly submission before 30th April As and when there is change in the nomination of the employee To submit before 15th of every month To submit before 25th of every month As and when employee joins other company On leaving of service of a member To submit before 15th of every month To maintain always Contribution Card Return of employee qualifying to become member of the fund for the first time Return of Ownership to be sent to the Regional State Commissioner Consolidated annual contribution statement Cancellation / Change of Nomination Return of members leaving service Statement of contribution for the month Transfer of EPF account Application of withdrawal of EPF Challan (No. 22) Inspection Book . 2.
The Workmens Compensation Act Returns / Registers Statement of depositing compensation Form No. A G EE When to comply At the time of depositing the compensation in respect to death To be made by dependents At the time of occurrence of fatal accident Application by dependants for deposit of compensation Repot of fatal accidents .
When to comply To display always Annual Return 11 To submit before 15th January every year .The Maternity Benefit Act Returns / Registers Abstract Form No.
E A IV-A When to comply To maintain always As and when required As and when required Submission of draft amendments Notice of discontinuance / restart of a shift .The Industrial Employment (Standing Orders) Act Returns / Registers Register of Standing Orders or Model Standing Orders Form No.
B When to comply To maintain always Consolidated register of unclaimed Wages & Fines Statement of Employee¶s and Employer¶s contribution Abstract under the Act C A-1 To maintain always Half yearly by 15th July and 15th January To display always .) Form No.The Bombay Labour Welfare Fund Act Returns / Registers Register of Wages (Unless registers in Form 17 & 19 appended to Maharashtra Factories Rules. 1963 & a register in Form II appended to the Maharashtra Payment of wages Rules. 1963 are maintained.
Employer.The Payment of Gratuity Act Returns / Registers Notice of opening of the Establishment Form No. Nature of Business Notice of closure Display of Notice specifying the name and designation of authorised officer to receive the notices Notification of family in relation to an employee Nominations Notice of payment of gratuity Abstract under the Act Compulsory Insurance D F L As and when required Within 30 days of completion of 1 year of service Within 15 days of the receipt of the application To display always To obtain an insurance for the liability for payment towards the gratuity . Address. A B C When to comply Within 30 days of rules becoming applicable Within 30 days of any such change Atleast 60 days before the intended closure To display always Notice of change in Name.
of employees Notice of change in respect of any other change Register of recording lime washing. color washing Register of employment Register of leave Name of board in Marathi Ascertainment of age of employee Inspector¶s Visit Book List of Weekly offs and Paid Holidays O To get from registered medical practitioner To maintain always To display . A B D E E F H/J M.The Bombay Shops & Establishments Act Returns / Registers Application for registration Form No. To maintain always To maintain always To maintain always To display always Application for renewal of registration Registration Certificate Notice of change in respect of change on no. N When to comply Within 30 days from the date of commencement 15 days before the expiry of registration To display always Within 15 days after the expiry of the quarter Within 30 days after the change has taken place.
The Industrial Disputes Act This act covers the provisions related to Change in the service condition of any workman. Lock-out. . Strike. XIII When to comply Before intending to effect any change in the conditions of service applicable to any workman. Lay-off. Retrenchment Returns / Registers Notice of change in the conditions of service Form No.
The Water (Prevention & Control of Pollution) Act Returns / Registers Application for consent to establish Form No. continuation of discharge. XIII When to comply Before establishing or taking any steps for establishment of industry / operation / process / or any treatment / disposal system for discharge. Before ending the period of the existing consent Renewal of consent to establish / operate Return under Cess Rules showing the quantity of water consumed in the previous month 1 On or before 5th of every month .
if accident is serious or within 24 hours To maintain . 01 1 3 1A 1B 6 When to comply Before 15 days of applicability of the Act To get filled up from all employees on the date of joining Within 10 days from the date of filling up of form Within 10 days from the date of filling up of form To be filled in by employee and employer to forward it within 10 days Within 42 days of the termination of the contribution period to which it relates Monthly to submit in Bank Declaration form Declaration form to be sent to appropriate office Registration of families Change in family declaration Return of contributions to be send in triplicate Challans of contributions Register of employees Accident Book Accident Report Inspection Book 7 15 16 To maintain To maintain Immediately.The Employees¶ State Insurance Act Returns / Registers Registration of factories / establishments Form No.
or absence without leave for more than ten consecutive days or overstaying the sanctioned leave without sufficient grounds or proper or satisfactory explanation. (d) Theft. fraud or dishonesty in connection with the employers¶ business or property or the theft or property of another workman within the premises of the establishment. (h) Habitual breach of any Standing Order or any law applicable to the establishment or ant rules made there under. or abetment or instigation thereof. inciting. (g) Late attendance on not less than four occasions within a month. whether or not in combination with another. (f) Habitual absence without leave. (c) Willful slowing down in performance of work.List of acts and commissions which amounts to misconduct (a) Willful insubordination or disobedience. instigating or acting in furtherance thereof. of any lawful and reasonable order of a superior. (i) Collection without the permission of the Manager of any money within the premises of the establishment except as sanctioned by any law for the time being in force. . (b) Going on illegal strike or abetting. (e) Taking or giving bribes or any illegal gratification.
or gross or habitual negligence. 1936. (k) drunkenness.List of acts and commissions which amounts to misconduct (j) Engaging in trade within the premises of the establishment. or the collection of union dues within the premises of the establishment except in accordance with any law or with the permission of the Manager (q) Wilful damage to work in process r to any property of the establishment. disorderly or indecent behaviour on the premises of the establishment. (p) Canvassing for union membership. (o) Habitual commission of any act or commission for which a fine may be imposed under the Payment of Wages Act. (r) holding meeting inside the premises of the establishment without the previous permission of the Manager or except in accordance with the provisions of any la for the time being in force. or the maintenance of the cleanliness of any portion of the establishment. (l) Commission of any act subversive of discipline or good behaviour on the premises of the establishment. (n) Habitual breach of ant rules or instruction for the maintenance and running of any department. (m) Habitual neglect of work. . riotous.
(t) Gambling within the premises of the establishment. (w) Distributing or exhibiting within the premises of the establishment hand-bills. (u) Smoking or spitting on the premises of the establishment where it is prohibited by the employer. (x) Refusal to accept a charge-sheet. . order or other communication served I accordance with these Standing Orders. posters. pamphlets. and such other things or causing to be displayed by means of signs or writing or other visible representation on any matter without previous sanction of the Manager.List of acts and commissions which amounts to misconduct (s) Disclosing to any unauthorised person any information in regard to the processes of the establishment which may come into the possession of the workman in the course of his work. (v) Failure to observe safety instructions notified b the employer or interference with any safety device or equipment installed within the establishment. (y) Unauthorised possession of any lethal weapon in the establishment.
Check list for Compliances Under The Labour Laws Click Here .
6.The Shops & Establishment Act. Joint Commissioner of Labour. 2.The Provident Fund Act. Commissioner Provident Fund. Joint Commissioner of labour.The Payment of Wages Act. 12. The Sub Regional Officer ESIC. 8. 5. Joint Director Industrial Safety & Health. 9. The Sub Regional Officer. 10. Joint Director Industrial Safety & Health Joint Commissioner of Labour.The Contract labour Act.The Minimum Wages Act. 11.The Pollution Control Act.Labour Laws Authorities under various Labour Laws 1.The Workmens Compensation Act. The Sub Regional Officer.The Factories Act.The Bombay Labour Welfare Act.Act. Joint Commissioner of Labour. The Assistant Commissioner. 4. The Labour Welfare Officer. 3.I.The E.S.The payment of Bonus Act. . 7.The Employment Exchange Act. MPCB.
Drafts Warning Letter for absenteeism Charge Sheet cum Notice of Enquiry for absenteeism Notice for Illegal Strike .